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NOLEN v. FITZHARRIS

Nos. 71-2030, 71-2242.

450 F.2d 958 (1971)

O. C. NOLEN et al., Appellants, v. C. J. FITZHARRIS, Superintendent of Correctional Training Facility, Soledad, et al., Appellees. O. C. NOLEN et al., Appellees, v. C. J. FITZHARRIS, Superintendent of Correctional Training Facility, Soledad, et al., Appellants.

United States Court of Appeals, Ninth Circuit.

November 2, 1971.

Attorney(s) appearing for the Case

John E. Hill (argued), Melvin M. Belli, San Francisco, Cal., for O. C. Nolen and others.

Charles R. B. Kirk, Deputy Atty. Gen. (argued), Evelle J. Younger, Cal. Atty. Gen., Edward P. O'Brien, Deputy Atty. Gen., San Francisco, Cal., for C. J. Fitzharris and others.

Before HAMLEY, KOELSCH and CARTER, Circuit Judges.

PER CURIAM:

In this civil rights action, the personal defendants moved to dismiss the complaint on the ground that it fails to state a claim upon which relief can be granted. The district court granted the motion on the ground that, considering the "vague and conclusory allegations" of the complaint, the action seems to bear a closer resemblance to that presented in McKinney v. California, 427 F.2d 160 (9th Cir. 1970), than to Allison...

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